North Carolina Workers' Compensation Lawyers Blog

At this time of year we would like to remind employers to be proactive when it comes to flu prevention in the workplace. Catching the flu at work and bringing it into households with young children, elderly residents and those with compromised immune systems can be troublesome.

Our North Carolina workers' compensation lawyers in Gastonia and elsewhere understand that this year's flu vaccine will protect you against three influenza viruses: A (H1N1), A (H3N2) and influenza B virus. Three types of flu include:

Seasonal influenza

This is a respiratory illness outbreak in the U.S., usually occurring in the fall and winter. Outbreaks are usually limited, and many people have immunity to the particular virus strain. To prepare for the flu season a vaccine is made in advance to match the particular strain.

Pandemic influenza

This is an outbreak of a new virus strain that happens worldwide that can be passed from person to person. In the early stages of an influenza pandemic, few people will have a natural immunity to the new strain. This leads to more people getting sick, thus increasing the spread of the virus. Since it is a new strain there may not be a vaccine or if there is, there will be limited availability for many months. Currently there is no influenza pandemic but it is feared that it is only a matter of time before the next one occurs. The severity of it is unpredictable and could be anything from a bad flu season to a catastrophic influenza pandemic that could lead to vast numbers of sick people and fatalities, economic loss and social disruption. The 2009 pandemic flu was deemed mild by the CDC but it exposed many issues in the workplace that employers were not ready for.

Avian influenza (AI)

Bird flu is a virus that infects domestic poultry and wild birds and varies in its form. The virus is grouped by low pathogenic and highly pathogenic strains. Low pathogenic naturally occurs in wild birds and can extend to domestic birds. It causes very mild or no symptoms in the birds and has no effect on humans. The low pathogenic strain can lead to the highly pathogenic strain which can result in rapid spreading and death to the birds. The H5N1 strain can be spread to humans.

How employers can minimize the risk of spreading pandemic flu in the workplace:

-Advise ill workers to stay home.

-Instruct workers to frequently wash their hands and try to not touch their eyes, mouth and nose.

-Advise workers to sneeze or cough into their sleeve and they should wash their hands after blowing their nose, sneezing or coughing.

-Supply the public and customers with trash cans, tissues and an area to disinfect or wash their hands.

-All work surfaces, computer equipment, telephones and other repeatedly touched items and surfaces should be cleaned with an Environmental Protection Agency (EPA) approved disinfectant.

-Discourage your workers from using other worker's equipment and work area.

-Cancel group outings and avoid unnecessary meetings.

-Promoting a healthy lifestyle will increase the body's immune system to fight off the flu. Programs should include exercise, smoking cessation and good nutrition.

-Workers should avoid contact with other workers when possible. It is recommended to maintain a separation of at least 6 feet.

Continue reading "Influenza a Common Gastonia Work Illness as Seasons Change in North Carolina" »

Tenneco Automotive Operating Company's manufacturing facility located in neighboring Georgia has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for 20 health and safety violations. Many of the violations involve hexavalent chromium exposure. The proposed monetary penalty is $90,000.

Our North Carolina workers' compensation lawyers in Greensboro know that exposure to hexavalent chromium can cause damage to the lungs, nose and throat and have lifelong effects on a worker's quality of life.

Hexavalent chromium is a metallic form of chromium that is a naturally occurring element found in various objects like soil, plants, rocks, volcanic dust and gases. There are many industrial applications that use hexavalent chromium including leather processing, welding stainless steel, arc welding, painting, electroplating, grinding stainless steel, textile dying, wood preservation and chrome finishing.

A spokesperson for OSHA commented that violations regarding hexavalent chromium exposure are inexcusable due to the abundance of information available to employers.

In May 2010, OSHA started enforcing new standards for hexavalent chromium, which require engineering controls for anyone working with hexavalent chromium. The most important change in the new standard involves workers' exposure limit. The old standard had an exposure limit of 52 micrograms per cubic meter on an 8-hour time-weighted average. The new standard has an exposure limit (PEL) of 5 micrograms per cubic meter. It is vital to limit employee exposure limits because hexavalent chromium is a known carcinogen when inhaled.

Safety equipment needed to protect workers from hexavalent chromium can include respirators, fume extractors, goggles and safety clothing. It is recommended that employers have a separate area for employees to store and change their protective clothing and provide them access to a clean air supply before leaving the workplace

Seventeen serious violations were cited. Serious violations are defined as those with a significant probability that a worker could die or become seriously ill or injured from the hazard that the employer knew or should have been aware. Seven of these violations involved hexavalent chromium including:

-Failing to avoid exposure above OSHA's allowed exposure limits.

-Not having a plan on how to limit exposure time.

-Not giving workers a separate storage/changing area for personal protective equipment.

-Failing to discuss with a doctor about chromium exposures.

-Not having an eyewash area.

-Not providing clean work area surfaces free from chromium particles.

-Not providing sealed containers for disposal of waste.

The other serious violations involved entering confined spaces, lockout/tag-out procedures and lack of safety guards and covers on machines and electric panels.

Violations that resulted in no financial penalty included a lack of confined space training, improper mounting of switch boxes and outlets, and a blocked electrical disconnect.

For more information on hexavalent chromium , visit OSHA's website.

Continue reading "North Carolina Welders Exposed to Hexavalent Chromium at Risk of Nose, Throat and Lung Damage" »

Heat-related illnesses in North Carolina jobsites are pretty common when temperatures register as high as they have been the last few weeks.

Not only are heat exhaustion and heat stroke a major concern but so are accidents involving your vision, slips and falls, or losing a grip on a tool because your palms are sweaty. Gastonia workers' compensation lawyers know that agencies are often making suggestions to employers on how to cut corners to save money on workers' compensation expenses but we are here to make sure your health is not compromised in the process. Employees have rights and anything short of working in a safe environment puts accountability back on the employer for injuries or illnesses suffered at work.

Insurancenewsnet.com reports that not only are outdoor job sites a concern when it comes to extreme temperatures, but so are workers who work in confined spaces or on large machines indoors. Heat-related exposure doesn't necessarily occur from being in direct sunlight but can also occur from working in extremely hot temperatures for prolonged periods of time.

Dehydration is a common cause of heat-related illness or injury. In fact, when a person becomes dehydrated by 2 percent of their body weight it can cause problems with vision, short-term memory loss, calculating efficiency, and a reduction in attention span or focus. Reaction time can be minimized by 23 percent when your body reaches a dehydration level of 4 percent of your body weight. A worker can become much more susceptible to work accidents when cognitive performance declines from too much dehydration.

It is paramount that employees and supervisors be trained on what signs or symptoms to look for when it comes to heat stress. Some early signs to look for are crankiness, headache, thirst, or a good amount of sweating. It is important to know that each individual has their own threshold of heat tolerance which is typically based on body stature, weight, level of fitness and lifestyle. Most individuals wake up in the morning not fully hydrated. It can take as long as 24 hours in certain circumstances for the body to accumulate enough fluid in the body to become fully hydrated.

What most workers may not realize is that heat-related illnesses can sometimes turn into long-term disabilities. Earlier this year the North Carolina Court of Appeals warranted that a heavy machine operator could receive temporary total disability benefits after suffering a seizure while working at the bottom of a landfill pit. The employee continued to have seizures following his release from the hospital so the court determined his seizures were related to heat exposure suffered on the job.

The Occupational Safety & Health Administration offers several helpful online tools to help with heat exposure and stress. OSHA has teamed up with the National Oceanic and Atmospheric Administration to provide weather service alerts in your area 24/7. OSHA has also provided a link to NOAA Heat Wave which explains the difference between a heat watch, heat warning or heat advisory and what to look for when temperatures rise into dangerous levels.

No worker can be faulted for sitting on the job when they are suffering from heat stress. Employees need to take care of their bodies by drinking plenty of water and finding a cooler spot to rest in during breaks. Using common sense and taking precautions can save you from a lifetime disability caused by heat stress suffered on the job.

Continue reading "Heat Stress at Work Can Lead to Long-Term Disabilities for North Carolina Workers" »

It is estimated that 220,000 people suffer a sudden cardiac arrest each year in the U.S., and about 10,000 of these incidents happen at work.

If you only call 911 and wait for help to arrive, the victim has only a 5-7 percent chance of surviving. However, studies indicate that when an automated external defibrillator (AED) is used on the victim, there is a near 60-percent survival rate a year after the event.

Our workers' compensation lawyers in Charlotte realize the importance of immediate intervention when someone suddenly collapses from cardiac arrest. Many job tasks are strenuous, so it is the responsibility of the employer to provide adequate equipment to reduce the risk of cardiac arrest at North Carolina job sites.

What is an automated external defibrillator (AED)?

It is a medical device that evaluates the hearth rhythm. When the AED determines the victim's heart is in a heart rhythm called ventricular fibrillation, it delivers an electrical shock that restores the heart to a normal heart rhythm. Ventricular fibrillation is the chaotic heart rhythm that is most often responsible for sudden cardiac arrest.

A sudden cardiac arrest happens when ventricular fibrillation occurs or when the heart simply stops beating. When this happens, if the victims does not get medical attention right away, the victim collapses, becomes unresponsive and dies. This all can happen without warning, and many victims have no prior medical history of heart disease.

What can cause a sudden cardiac arrest?

-A heart attack

-Electrocution

-Asphyxiation (caused by inadequate oxygen)

All work places could benefit by having AEDs because no one knows when a sudden cardiac arrest will happen. Having on-site AEDs saves valuable treatment time, and can drastically improve survival odds. A heart rhythm that is in ventricular fibrillation can only be returned to a normal rhythm by an electric shock. AEDs are small, safe and easy to use.

The Occupational Safety and Health Administration says AEDs should be conveniently located and reachable within five minutes. They should be located in areas occupied by many people, like office buildings and assembly lines. They should be located near confined spaces, close to where electric-powered devices are in use; outdoor work sites in case of a lightning strike; health units in case someone seeks treatment for heart attack symptoms; fitness room or cafeterias and any remote work site where it would take a long time for help to arrive.

AED devices cost roughly $1,200 to $3,000 per unit. Workers need training to identify sudden cardiac arrest. They should also learn how to perform cardiopulmonary resuscitation (CPR), and how to use an AED and stabilize the victim until EMS personnel arrive.

Continue reading "Cardiac Arrest a Common Cause of Death at Work in North Carolina " »

As we head into the hottest days of summer, we wrap up our series of blogs on common workplace injuries with the two types of heat illness: heat exhaustion and heat stroke.

Workers with outside jobs or heat-related job duties are often at high risk of exposure to heat illness in North Carolina job sites.
Winston-Salem workers' compensation lawyers want to remind employees that there is a fine line between heat exhaustion and heat stroke, so take the necessary precautions to avoid serious injury or illness while you are at work.

WFMY News reports that a Burlington firefighter was recently treated for heat exhaustion after responding to a call regarding a machine fire at a plant at Glen Raven Mills. This is just one example of how heat-related jobs can not only be dangerous, but can cause serious illness. Thousands of workers throughout the U.S are treated at hospitals for heat exhaustion or heat stroke each year.

North Carolina Division of Public Health has already reported about 319 heat-related illness emergency room visits between May 1 June 4 this year. The majority of cases have involved young (ages 24-44) and middle-aged (45-64) adults. The three common reasons leading to the heat illness is playing or working outdoors and job-related outdoor activities.

The Centers for Disease Control and Prevention reports the workers that are most in danger of heat-related illness are farmers, factory workers, constructions workers, postal workers, bakers, miners, firefighters and boiler room workers. Employees most at risk are those older than 65, overweight, workers with high blood pressure, or workers on certain prescribed medications.

The following are symptoms of heat exhaustion: dizziness, cramps, headache, nausea, sweaty skin or a fast heartbeat. Heat stroke can often be detected by signs of confusion, convulsions, fainting, high temperature or red, hot and dry skin. Anyone experiencing these symptoms should seek medical attention immediately.

The Occupational Safety and Health Administration offers the following tips to prevent a heat-related illness at work:

-Drink plenty of water on a timely schedule, even if you aren't thirsty. It is recommended to drink every 15 minutes.

-Refrain from drinking beverages like coffee, energy drinks, soda or alcohol in extreme hot temperatures.

-Keep an eye on other employees around you. If you see strange behavior or signs of heat exhaustion call for help immediately and alert a supervisor.

-Have your work site location memorized in case you need to call for help. A 911 dispatch will need an address to send a rescue team to your location.

-Always wear a hat for protection from the sun and light-weight and fair-colored cotton clothing. Dark clothes attract the heat and shouldn't be worn.

-Ask your employer to provide a tent or covering for shade. Take periodic breaks in the shade.

-Never climb under machinery or a vehicle to get out of the sun. You run the risk of the vehicle moving and crushing you.

Continue reading "Outdoor Jobs Create High Risk of Heat Illness for Winston-Salem Workers" »

Secretary of Labor Hilda L. Solis recently announced a nationwide outreach proposal by the U.S. Department of Labor's Occupational Safety and Health Administration to educate workers and their employers about heat-related illnesses caused by working outdoors.

Our North Carolina workers' compensation lawyers in Greensboro and elsewhere know that working outside can lead to life-threatening Carolina heat-related illnesses. If you have an outdoor job, contact an experienced lawyer if you suffer from heat stroke, heat exhaustion or any other heat-related illness.

"If you're working outdoors, you're at risk for heat-related illnesses that can cause serious medical problems and even death," said Secretary Solis. "But heat illness can be prevented. This Labor Department campaign will reach across the country with a very simple message - water, rest and shade."

Every year, thousands of outdoor workers develop a heat-related illness, which often starts as heat exhaustion. If corrective measures are not taken quickly, heat exhaustion can become heat stroke, which killed more than 30 workers last year. Heat stroke occurs when the body can not regulate its own temperature. Your body's natural cooling mechanism is sweating, with heat stroke your body will stop sweating causing your temperature to rise as high as 104 degrees or more.

"As we move into the summer months, it is very important for workers and employers to take the steps necessary to stay safe in extreme heat," said OSHA Assistant Secretary Dr. David Michaels. "Drinking water often, taking breaks and limiting time in the heat are simple, effective ways to prevent heat illness."

Workers in the following jobs can be susceptible to heat related illnesses: landscaping, construction, road repair, cooks and kitchen workers, airport baggage handling, law enforcement, recreation maintenance personnel and staff in warehouses without air conditioning. Heat-related illness educational materials for workers in both English and Spanish have been developed by OSHA; along with a curriculum to be used by employers for workplace training. Federal OSHA got assistance from California OSHA because of their state's successful outreach campaign on heat illness. OSHA has recently partnered with the National Oceanic and Atmospheric Administration (U.S. NOAA) on weather service alerts. This partnership will add worker safety precautionary tips when U.S. NOAA issues heat alerts.

Additional information can be found on U.S. NOAA Heat Watch Web page and OSHA's heat illness website.

Continue reading "Heat-related illnesses sustained on the job a concern to workers in Greensboro" »

In North Carolina, if a worker files a workers' compensation claim for benefits and then faces retaliatory acts by the employer for making that claim, the worker is protected by the Retaliatory Discrimination Employment Act (REDA). In order to bring a civil suit under that act, the worker must show three things: 1) that he or she had made a claim for or provided information related to a workers' compensation benefits; 2) that a retaliatory action was taken against him or her; and 3) that the retaliatory action was prompted by the worker's request for benefits.

A recent opinion by the Court of Appeals of North Carolina addressed the question of whether two particular acts constituted "retaliatory action." The plaintiff in that case alleged that her employer had not allowed her to be treated by a particular doctor of her choice, and that the employer had not allowed her to return to work, after her injury, in a different position than the one she had held before. The Court held that neither of those acts constituted "retaliatory actions."

While an employer's refusal to approve treatment by a particular medical provider is not considered a type of retaliation under REDA, employees may petition (or ask) the North Carolina Industrial Commission to approve treatment with a provider chosen by the employee. A North Carolina workers' compensation attorney would be able to assist workers through this petition process.

Consequences that would more typically be seen as retaliatory actions under REDA would be the termination of a worker's employment; suspension; unjustified relocation; reduction of benefits; or other actions that would negatively impact the conditions of the worker's employment.

Workers who believe that they have suffered a retaliatory action related to a workers' compensation claim in North Carolina should call the Employment Discrimination Bureau to discuss their situation and the steps they need to take in order to file a complaint form; the complaint must be filed within 180 days of the date of the retaliatory action.

Continue reading "Responding to Retaliation for Filing a Workers' Compensation Claim in North Carolina" »

In North Carolina, employers or insurers who are paying compensation related to a workers' compensation claim are allowed to submit a questionnaire to medical providers who are treating or have treated the employee receiving compensation. The regulations also allow providers to answer the workers' compensation questionnaire without asking the patient for authorization.

Medical providers are not required to answer all of the questions on the form; they have to answer only the particular questions checked off by the employer, and only when they feel that they have enough information to form an opinion about the particular subject of the question.

One of the questions on the questionnaire asks the medical provider to provide an opinion about the relationship between the job duties or the on-the-job incident that led to the compensation claim (as described by the patient) and the injuries or condition for which the worker is receiving treatment. The multiple-choice answers to that question include one stating that the job duties or the incident have "no relation" to the patient's injury, as well as one stating that the duties or incident caused (or contributed to) the worker's injury.

The provider's answer to that question is extremely important to the ultimate determination of whether or not the injured worker has a valid workers' compensation claim. It is therefore important for injured workers to know that a medical provider who answers such a questionnaire has to provide the answers simultaneously both to the party requesting the information and to the patient/employee treated by the provider.

Continue reading "Medical Status Questionnaires in North Carolina Workers' Compensation System" »

In November 2003, an employee of the Sears Roebuck store in Greensboro, North Carolina was injured while on the job. According to a recent opinion of the Court of Appeals of North Carolina, the employee suffered injuries to his wrist, shoulder, ankle, and back, when a dryer "fell apart in his hands." In July 2008, a Deputy Commissioner of the North Carolina Industrial Commission determined that the injured employee should receive compensation for expenses related to the injuries he had suffered, as well as any "future necessary medical compensation," as long as that compensation was reasonably related to the initial claim.

The worker then began physical therapy, as required by his doctors. During that physical therapy, he suffered a torn meniscus in his knee. A doctor testified that the injury to the knee was caused by the physical therapy. As a result, the Court of Appeals of North Carolina, upholding a decision by the full Industrial Commission, determined that the worker's knee injury was a "direct and natural consequence" of the initial injury that he had suffered on the job. Thus, the employee in this case will be compensated for the costs associated with his knee injury as well.

If you are seeking workers' compensation benefits in North Carolina, it is important to realize that you may be entitled to compensation for injuries beyond those that were specified at the time of the injury, or when you first filed a claim. If your initial injuries led to other conditions that required you to seek medical treatment, you should consult an experienced workers' compensation attorney to discuss your options.

Continue reading "Recent North Carolina Court Decision Affirms Extended Workers' Compensation Benefits" »

The Workers' Compensation Research Institute has released a study showing that the cost of prescription drugs prescribed for injured workers in North Carolina was 14% higher (per workers' compensation system claim) than it was in most of the sixteen states evaluated in the study. Workers who were prescribed two particular muscle relaxants following on-the-job injuries in North Carolina were likely to receive a higher number of pills, on average, than workers prescribed the same drugs in other states. In addition, the cost of all drugs prescribed was significantly higher when doctors were not only prescribing but also distributing the drugs (as opposed to the drugs being dispensed by a pharmacy).

In addition, at its annual conference on the effects of the economy overall on Workers' Compensation programs, the Workers Compensation Research Institute reported that the costs of claims are higher when injured workers don't receive prompt treatment for their injuries, or in cases where the processing and payments of claims take a long time.

Continue reading "North Carolina Claims Evaluated by Workers' Compensation Research Institute" »

In a recent article, the magazine Claims details an egregious example of abuse by two supervisors who had been responsible for enforcing the Workers' Compensation program at a paper manufacturing facility in California. The two supervisors eventually pled guilty to charges that they had denied benefits related to legitimate workers' compensation claims. Injured employees alleged that the supervisors drove them to a "company doctor" who was not really a doctor; remained in the examination room while the workers were being examined; and tried to influence the evaluation of the workers' conditions and the treatment prescribed by the "doctor." The supervisors, who are now awaiting sentencing, also apparently succeeded in dissuading a number of employees from ever filing workers' compensation claims.

In a recent decision (North Carolina Insurance Guaranty Association v. Board of Trustees of Guilford Technical Community College), the Supreme Court of North Carolina stated that "The legislative intent behind the Workers' Compensation Act has always been to provide workers secure, timely compensation." Thus, if you have been injured while on the job in North Carolina, or while working for a North Carolina-based company, you should pursue your rights confidently. You have the right to an impartial evaluation of your medical condition. In most circumstances, you should be compensated for your medical treatment and, if necessary, receive disability payments if a doctor orders you to take more than a certain number of days off work.

Continue reading "Pursuing Workers' Compensation Claims in North Carolina" »

If they are denied necessary treatment for job-related injuries, workers in North Carolina may file a Motion to Compel Medical Treatment under North Carolina's Industrial Commission's Workers' Compensation Rule 609(a)(1). For such motions, North Carolina's Industrial Commission has adopted an Expedited Motions Procedure, which begins with an initial administrative review. The decision that results from that review may then be appealed to a Deputy Commissioner; under the expedited procedures, such appeals should generally be completed within 30 days. However, the Deputy Commissioner's decision is itself subject to an appeal before the full Commission. Appeals before the full Commission should be completed within an additional 30-45 days.

Therefore, a worker whose claims for treatment or other medical-related requests are contested may face several months of proceedings before a final determination is made on the requests. Issues addressed through this process include the denial of requested treatments, the selection of a physician or a treatment provider, or a requested change of the provider of treatment.

Continue reading "Expedited North Carolina's Workers' Compensation Procedures" »